' The petitioner was arrested on 14-8-1994 while he was standing near the match factory Bus Stop Shandara on 14-8-1994 and on his personal search heroin weighing 22 grams was recovered from his possession and as a consequence of recovery, F.I.R. No,438/1994 was registered at Police Station Shandara on the same day under Article 3/4 Prohibition (Enforcement of Hadd) Order, 1979.
2. All the five witnesses against the petitioner were police employees and the petitioner was in judicial lock-up for the last 8 months and only two witnesses have appeared in Court and were examined.
3. The sentence provided for the offence was imprisonment of life but in any case not less than 2 years. I do feel that it does not fall squarely within the mischief of subsection (1) of section 497, Cr.P.C.
4. The witnesses against the petitioner are police officials and nothing could stop them from appearing before the trial Court on the dates fixed for recording of evidence. Learned counsel for the petitioner has raised an objection that no public witness was, associated at the time of raid but the same was not relevant for the present. The recovery was not made from the house of the petitioner nor at his pointation. Be that as it may, the trial Court may appreciate the objection, if so raised, at the time of final judgment. The prosecution cannot be allowed to withhold the production of witnesses and keep the accused in judicial lock-up for an indefinite period.
5. Amanat Ali, A.S.I. Was the Investigating Officer of the case and he recovered the heroin from the possession of the petitioner and as such was a witness of recovery himself. I take very serious view of the fact that the Police Officer conducted the raid and recovered heroin and then proceeded further in the investigation after the F.I.R. Was registered. In such cases the accused are prejudiced at the first step in exercise of the State power. This practice is not appreciable. Copy of the order be sent to the I.-G., Punjab for his information.
6. This petition is allowed.
7. The petitioner shall be released subject to his furnishing bail bond in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of A.C./Duty Magistrate, Lahore.